Friday, August 21


Nagpur: Supreme Court recently issued notice to police officers following a plea filed by a Nagpur resident who spent 77 days in jail in a narcotics case that was subsequently quashed by the Nagpur bench of Bombay High Court. The police officers were attached to Pachpaoli police station where an offence was registered against the petitioner in Feb 2019.The petitioner, Mohit Shahu, challenged HC’s refusal to direct criminal or departmental action against police officers allegedly responsible for framing him and to award compensation for his incarceration.The SC bench comprising Justices Aravind Kumar and Vipul Pancholi made the notice returnable in eight weeks while hearing Shahu’s Special Leave Petition filed through senior counsel Sudhanshu Choudhari and Shakul Ghatole challenging the relevant part of HC’s Jan 16 judgment.An offence was registered against Shahu under the Narcotic Drugs and Psychotropic Substances Act on allegations that he possessed 29 grams of mephedrone, commonly known as MD. As per Shahu, the case was fabricated and the contraband was planted following a personal dispute involving certain police officers.The petition in SC stated that Shahu was apprehended on Feb 25, 2019, at Kanjihouse Square in Nagpur while carrying ₹2.30 lakh intended for jewellery for his brother’s wedding. It relies on CCTV footage, while the police records allegedly showed his arrest on Feb 26 at another location.The HC considered the CCTV footage and a Central Forensic Science Laboratory report from Hyderabad, which, according to the petition, confirmed that the person captured in the footage was Shahu. It subsequently quashed the FIR and charge sheet in Sessions Trial.Shahu has now pleaded with Supreme Court for directions to register criminal offences against the police officers concerned and an independent investigation by State CID or CBI. He has also sought a departmental inquiry and compensation for his alleged illegal arrest, 77-day incarceration and violation of his fundamental rights.#Key takeawaysPetitioner Mohit Shahu spent 77 days in jail in a 2019 NDPS caseNagpur bench of Bombay High Court later quashed the FIR and charge sheetCCTV footage and a CFSL Hyderabad report figured in HC proceedingsHC found violation of Article 21 rights, described police department’s internal inquiry as “nothing but an eyewash”Shahu seeks criminal action and an independent CID or CBI investigation, departmental proceedings against concerned officersCompensation sought for his alleged illegal arrest and incarceration



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